LAWS(APH)-2013-7-159

A P SATYANARAYANA Vs. P HIMA BINDU

Decided On July 15, 2013
A P Satyanarayana Appellant
V/S
P Hima Bindu Respondents

JUDGEMENT

(1.) APPELLANT is the husband of the respondent. Their marriage took place on 18.10.2000 at Nagari, Chittoor District. They were also blessed with two female children as twins. The appellant filed D.O.P.No.7 of 2009 against the respondent in the Family Court -cum -VI Additional District Judge, Kadapa for divorce under Section 13 (1) (ia) of the Hindu Marriage Act. He pleaded that ever since their marriage, the respondent was exhibiting disinterestedness and behaving in arrogant manner with superiority complex. He pleaded that when he was transferred to Delhi, the parents of the respondent accompanied her and stayed there for one month. Ugly scenes are said to have been created at Delhi. He further alleged that the respondent was moving closely with one Sri Balaji despite his objections and he suffered humiliation in the hands of both of them.

(2.) HE stated that with a vindictive attitude, the respondent filed a complaint under Section 498 -A I.P.C. against him and his relations and the same was registered as Crime No.20 of 2003 of West Police Station, Tirupathi and is being tried as C.C.No.359 of 2003 in the Court of the III Additional Judicial Magistrate of I Class, Tirupathi. According to him, all the steps initiated for mediation have failed and the acts and omissions on the part of the respondent constitute cruelty and accordingly, prayed for divorce.

(3.) THE respondent filed a counter opposing the O.P. She denied all the allegations made against her by the appellant. She stated that from the day one of the marriage, the appellant was proclaiming that he got promotion as Scientific Officer in N.I.C., New Delhi and he would have got at least Rs.10,00,000/ - as dowry. The respondent further pleaded that the appellant used to physically assault her even when she was asleep and was harassing her for additional dowry. It was also her case that when she gave birth to female twins, the appellant did not even turn up to see them and on telephone, he used to inform her that she can comeback only after throwing away the children. She has narrated certain other instances also. The D.O.P. was dismissed on 23.11.2011. Hence, this appeal.